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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Terrorism Act 2000 (Enforcement of External Orders) Order 2001 URL: http://www.bailii.org/uk/legis/num_reg/2001/20013927.html |
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| Made | 11th December 2001 | ||
| Coming into force | 13th December 2001 |
(2) The following provisions of this article have effect for the interpretation of this Order.
(3) Proceedings are instituted in a designated country when -
and where the application of this paragraph would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.
(4) Proceedings are concluded in a designated country -
(5) An external order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.
Designation of countries and territories
4.
Each of the countries and territories specified in column 1 of the table in the Schedule to this Order is hereby designated for the purposes of paragraphs 14, 28 and 44 of Schedule 4 to the 2000 Act.
Proof of orders and judgment of court of a designated country
5.
- (1) For the purposes of this Order -
(2) A document purporting to be a copy of any order made or judgment given by a court of a designated country is duly authenticated for the purposes of paragraph (1)(b) above if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in question or by, or on behalf of, the appropriate authority of the designated country.
Evidence in relation to proceedings and orders in a designated country
6.
- (1) The following provisions of this article have effect for the purposes of this Order.
(2) A certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating -
shall be admissible as evidence or, for the purposes of Part III of this Order, constitute sufficient evidence, of the facts so stated.
(3) A statement contained in a document, duly authenticated, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given in proceedings in a court of a designated country, shall be admissible as evidence or, for the purposes of Part III of this Order, constitute sufficient evidence, of any fact stated therein.
(4) A document is duly authenticated for the purposes of paragraph (3) above if it purports to be certified by any person in his capacity as judge, magistrate or officer of the court of a designated country, or by or on behalf of the appropriate authority of the designated country, to have been received in evidence or to be a copy of a document so received, or, as the case may be, to be the original document containing or summarising the evidence or a true copy of that document.
(2) In paragraph (1) above, "appeal" includes -
Registration of external restraint orders
10.
- (1) On an application made by or on behalf of the Government of a designated country, the High Court may, subject to paragraph (2) below, register an external restraint order made there if -
(2) An external restraint order may only be registered where -
Implementation of registered external forfeiture orders
11.
- (1) If an external forfeiture order is registered in the High Court under article 9(1) above, the High Court shall have, in relation to that order, the same powers as a court has under paragraph 2(1) of Schedule 4 to the 2000 Act (implementation of forfeiture orders) in relation to a forfeiture order made by it (and paragraph 3 of that Schedule applies accordingly) but any reference in the said paragraph 2(1) to "the proper officer" shall, for the purposes of this article, mean the appropriate officer of the High Court.
(2) After making any payment required by virtue of paragraph 2(1)(d) or 3 of Schedule 4 to the 2000 Act, the balance of any sums received by the appropriate officer of the High Court by virtue of an order made under paragraph (1) above shall be paid by him to the Secretary of State.
Statutory provisions applicable where external restraint order has been registered
12.
Paragraphs 7 and 8 of Schedule 4 to the 2000 Act shall apply to an external restraint order registered in the High Court under article 10(1) above as they apply to a restraint order and the High Court shall have the like power to make an order under section 33 of the Supreme Court Act 1981[3] (extended power to order inspection of property etc.) in relation to proceedings brought or likely to be brought for an external restraint order as if those proceedings had been brought or were likely to be brought in the High Court.
Enforcement of registered external orders
13.
- (1) Without prejudice to the foregoing provisions, if an external order is registered in the High Court under article 9 or 10 above -
as if the order had originally been made in the High Court.
(2) The High Court may, additionally, for the purpose of -
make such orders or do otherwise as seems to it appropriate.
(2) In paragraph (1) above, "appeal" includes -
Registration of external restraint orders
17.
- (1) On an application made by or on behalf of the Government of a designated country, the Court of Session may, subject to paragraph (2) below, register an external restraint order made there if -
(2) An external restraint order may only be registered where -
Implementation of registered external forfeiture orders
18.
If an external forfeiture order is registered in the Court of Session under article 16(1) above, the court shall have, in relation to that order, the same powers as a court has under paragraph 16(1) of Schedule 4 to the 2000 Act (implementation of forfeiture orders) in relation to a forfeiture order made by it and paragraphs 16(3) to (5) and 17 of that Schedule apply accordingly.
Statutory provisions applicable where external restraint order has been registered
19.
Paragraphs 20 and 21 of Schedule 4 to the 2000 Act shall apply to an external restraint order registered in the Court of Session under article 17(1) above as they apply to a restraint order and the Court of Session shall have the like power to make an order under section 1 of the Administration of Justice (Scotland) Act 1972[4] (extended power to order inspection of documents etc.) in relation to proceedings brought or likely to be brought for an external restraint order as if those proceedings had been brought or were likely to be brought in the Court of Session.
Enforcement of registered external orders
20.
- (1) Without prejudice to the foregoing provisions, if an external order is registered in the Court of Session under article 16 or 17 above -
as if the order had originally been made in the Court of Session.
(2) The Court of Session may, additionally, for the purpose of -
make such orders or do otherwise as seems to it appropriate.
(2) In paragraph (1) above, "appeal" includes -
Registration of external restraint orders
24.
- (1) On an application made by or on behalf of the Government of a designated country, the High Court may, subject to paragraph (2) below, register an external restraint order made there if -
(2) An external restraint order may only be registered where -
Implementation of registered external forfeiture orders
25.
- (1) If an external forfeiture order is registered in the High Court under article 23(1) above, the High Court shall have, in relation to that order, the same powers as a court has under paragraph 30(1) of Schedule 4 to the 2000 Act (implementation of forfeiture orders) in relation to a forfeiture order made by it (and paragraph 31 of that Schedule applies accordingly) but any reference in the said paragraph 30(1) to "the proper officer" shall, for the purposes of this article, mean the appropriate officer of the High Court.
(2) After making any payment required by virtue of paragraph 30(1)(d) or 22 of Schedule 4 to the 2000 Act, the balance of any sums received by the appropriate officer of the High Court by virtue of such an order made under paragraph (1) above shall be paid into or disposed for the benefit of the Consolidated Fund.
Statutory provisions applicable where external restraint order has been registered
26.
Paragraphs 35 and 38 of Schedule 4 to the 2000 Act shall apply to an external restraint order registered in the High Court under article 24(1) above as they apply to a restraint order and the High Court shall have the like power to make an order under section 21 of the Administration of Justice Act 1969[5] (extended power to order inspection of property etc.) in relation to proceedings brought or likely to be brought for an external restraint order as if those proceedings had been brought or were likely to be brought in the High Court.
Enforcement of registered external orders
27.
- (1) Without prejudice to the foregoing provisions, if an external order is registered in the High Court under article 23 or 24 above -
as if the order had originally been made in the High Court.
(2) The High Court may, additionally, for the purpose of -
make such orders or do otherwise as seems to it appropriate.
A. K. Galloway
Clerk of the Privy Council
| (1) | (2) | (3) |
| Designated country | Appropriate authority | Point at which proceedings are instituted |
| Austria | ||
| Belgium | ||
| Canada | The Minister of Justice or officials designated by that Minister | |
| Denmark | ||
| Finland | ||
| France | ||
| Germany | When a person is notified that he is accused of an offence and will be brought before a court. | |
| Greece | ||
| India | The Ministry of Home Affairs |
(a) when information relating to commission of any crime is received by any law enforcement agency empowered to investigate such crime under the law for the time being in force and laid before a court of law; (b) when any allegation is made orally or in writing to a court of law that a person has committed an offence; (c) when a person is charged with an offence; or (d) when any investigation or inquiry into the commission of any offence is directed by a court of law. |
| Ireland | The Department of Justice, Equality and Law Reform | |
| Italy | The Ministry of Justice |
(a) when a person is notified, in accordance with article 369 of the Italian Code of Criminal Procedure, that a prosecution against him is in progress; or (b) when a proposal for the application of a preventive measure (misura di prevenzione) is laid before a court. |
| Japan | ||
| Luxembourg | ||
| The Netherlands | Afdeling Internationale Rechtshulp |
(a) when a pre-trial financial investigation has been initiated; (b) when a provisional measure has been ordered by an investigating magistrate; (c) when a public prosecutor has requested a pre-trial criminal investigation by an investigating magistrate to be instituted; (d) when a public prosecutor has laid an indictment. |
| Portugal | The Ministry of Justice | |
| Spain | El Ministerio de Justicia, Madrid | When by virtue of a judicial resolution it is decided to proceed against a person for an offence. |
| Sweden | The Ministry of Foreign Affairs | When a public prosecutor has established that there are reasonable grounds to suspect that a person has committed an offence and accordingly is obliged under the Code of Judicial Procedure to notify the person of the suspicion. |
| The United States of America | The Attorney General of the United States of America | When an indictment, information or complaint has been filed against a person in respect of an offence. |
[2] S.I. 1995/760, this Order has effect as if made under the Terrorism Act 2000 by virtue of section 17(2)(b) of the Interpretation Act 1978 (c. 30).back
